Madras High CourtCRL OP(MD)/12152/2016disposed of

Nixon Jose v. State Reb By

2016-08-03Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.12152 of 2016 Nixson Jose ... Petitioner -Vs1.State rep. by The Superintendent of police, Nagercoil, Kanyakumari District 2.The Inspector of Police, Nesamony Nagar Police Station Kanyakumari District 3.Mabel Gladies ... Respondents Prayer: Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to instruct the 2nd respondent to give police protection to the petitioner and his peaceful possession and enjoyment of the suit property in S.No.G342-6 having extent of 320 sq. ft. of house site and building bearing door No.34/2.

For Petitioner : Mr.N.S.Ramakrishnadoss For R1 & R2 : Mr.A.P.Balasubramani for R1 & R2 Govt. Advocate (Crl.Side) For R3 : Mr.S.R.Anbarasu *****

O R D E R

Seeking police protection for peaceful possession enjoyment of the property covered in S.No.G3-42-6 to an extent of 320 sq. ft., the petitioner has preferred the representation dated 15.12.2015 to the respondents. Since the same has not been considered, the petitioner is before this Court with this petition.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. The learned counsel for the 3rd respondent would submit that the 3rd respondent must be heard before a decision is taken by respondents 1 and 2.

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4. In view of the above submissions, the 2nd respondent is directed to consider the representation of the petitioner dated 15.12.2015 and take a decision, after hearing the petitioner as well as the 3rd respondent.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To:

1.The Superintendent of police, Nagercoil, Kanyakumari District 2.The Inspector of Police, Nesamony Nagar Police Station Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.R.Anbarasu, Advocate SR.No. 41989 rr/ar JA-AAL-MPA-23.08.2016/2P:5C Crl.O.P.(MD).No.12152 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/